8. Monitoring Risk In Specific Situations
Preparatory research and reviewing existing documentation
It will be important for monitors to review existing documentation related to the use
of restraints, force and arms, in order to assess how well their use is regulated and
monitored, specifically in relation to the high risk of humiliation, pain, torture and
other ill-treatment, including SGBV.
•
Is the use of restraints, force and arms regulated by law, and are there any policies or guidelines regarding their use? Are there any instruments of restraint or
any types of arms that are specifically prohibited by law? What types of restraint,
force and arms are permitted, and for what purposes are they meant to be used?
• When detention/prison officials use restraints, force and arms, are they required
to record this in the prisoner’s file? What information is included?
•
Do prison administrations compile periodic statistics on the use of restraints,
force and arms, including anonymized data on the identity of those restrained
(e.g., a breakdown by gender/age)
•
Have there been any recorded complaints about the use of restraints, force and
arms in relation to SGBV? If so, what was the outcome?
• Who authorizes the imposition of restraints, force and arms, and which members
of staff are permitted to use them?
•
Is there anything in the staff training manual about the use of restraints, force
and arms and alternative means of control?
•
Is there anything in staff disciplinary procedures related to the improper, unnecessary or disproportionate use of restraints, force and arms? Have any staff been
disciplined or prosecuted for these reasons?
• Are detention/prison officers required to wear body-worn cameras or other devices when using instruments of restraint, force or arms?
•
Has there been any recent review about the use of restraints, force and arms? If so,
were there any changes in policy and practice?
Inspecting instruments of restraint/restraining areas
•
In order to fully inform themselves about the use of restraints in each facility,
monitors should also inspect the instruments of restraint and types of arms that
are utilized. For certain types of instrument of restraint, such as restraint chairs
and beds or wall mounted restraints, this will also include inspecting the areas in
which they are located.
•
In cases of instruments of restraint that are used in a particular location, are there
CCTV or other recording devices in the area? Is the area particularly isolated within the facility, and what is the set-up, including the location of doors and windows?
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